Terms of Service

General Conditions for the Provision of Hosting Service

Terms of Service

General Conditions for the Provision of Hosting Service


1. Object

1. Object

1.1. These general conditions are intended to establish the terms and conditions that govern the provision by IBERWEB LDA, referred to only by IBERWEB, Customer, Service Web Hosting on the Internet, here and after referred to as the Service Hosting, in addition to the Special Conditions agreed in each case, between you and IBERWEB LDA.

1.2. The Hosting Services includes hosting on the Internet for information IBERWEB LDA Client, as well as the provision of ancillary services subscribed by the Customer in the Schedule or later, upon written request made to that effect to IBERWEB LDA.

1.3. The terms in the Special Conditions, if any, shall prevail over the provisions of these General Conditions and on both, outweigh any additional provisions written specifically agreed between the Customer and IBERWEB LDA.


2. Types of Web Hosting Services

2. Types of Web Hosting Services

2.1. The Hosting Services will be provided in the following categories:

a) Without you checking the registration of a domain name’s private client. Here is a field of IBERWEB LDA.

b) On registration of a Domain Name Private Client. In this case IBERWEB LDA deals with the process of registering the Domain Name with the competent authority.

2.2. The hiring of hosting, or in either mode, gives you the right to hosting information on the amount subscribed by the Customer in the Schedule.

2.3. The hosting information corresponding to a higher number of Mb to those who are defined under the previous paragraph the payment by the Client to IBERWEB LDA the amounts are set at every moment in the price list referred to in clause 8 for each Mb of information.


3. Rules and restrictions for hosting websites

3. Rules and restrictions for hosting websites

3.1. The servers cannot be IBERWEB LDA source, intermediary, or destination address involved in the transmission of 'spam' or 'bombs' by e-mail and domain / site and / or account e-mail may not be referred as the source, intermediary, or engaging in the above. IBERWEB LDA considers 'spam' all commercial email (UCE) Unsolicited (UBE) in the media of the newsgroup, the faxes, and e-mail.

3.2. If the Customer hosting account is involved in activities of 'spam', IBERWEB LDA reserves the right to immediately and without notice suspend Hosting Services. IBERWEB LDA reserves the right to refuse or cancel accounts 'spammers' known as well as determine who violates this policy.

3.3. Pornography, pedophilia, pornography-related websites, websites related to pedophilia, commerce websites related to sex and sex-related products, websites 'adults only' websites with areas for adults only and websites with images of naked or part are prohibited in IBERWEB LDA servers. It’s still not allowed hosting to websites that link to such websites (links and directories).

3.4. Itis also forbidden in IBERWEB LDA servers, websites that promote illegal activities, xenophobia, racism, or that may be harmful to IBERWEB LDA servers or any other server on the Internet. Links to such materials are also prohibited as well as websites that link to such websites (links and directories). In addition, the hosting is not permitted for websites that promote crack, illegal software or software for sending mass e-mail over the Internet. Links to such materials are also prohibited as well as websites that link to such websites (links and directories).

3.5. Scripts as starx, X windows, BNC, IRC and IRC bots, eggdrop, YaBB cgi, and Bitch BitchX, as well as any programs or scripts that may attempt to take the root of servers or they can create problems for them are not allowed on the servers of IBERWEB LDA programs. They are also allowed to chat scripts in Java.

3.6. It is not allowed on the servers of IBERWEB LDA programs, or scripts, which can cause problems with correct operation. This restriction also applies to programs that can use resources overblown CGI, MySQL, PHP, ASP, Sendmail (SMTP), Java and / or RAM. The IBERWEB LDA reserves the right to deactivate, immediately and without warning a program that can be in these conditions or to suspend the Hosting Services to Customer.

3.7 Not allowed in the IBERWEB servers, sending mass emails / newsletter, which can cause problems for the proper functioning. By default, sending emails per hour is limited to 150 for the plans, Delta 0, Delta 1, Libra 0, Libra 1, for other plans, the limit is posted on the characteristics of the plan or on the product page. The IBERWEB reserves the right to suspend immediately and without notice the Hosting Service Customer incurring these conditions.

3.8. The connections to the MySQL PERL and PHP should be recycled, that means the respective scripts must end with a command to terminate the connection. For all Perl scripts should end with, for example, the following command: $ dbh-> disconnect (). The scripts in PHP with MySQL connections should be closed with the commands: mysql_close (); or mysql_close ($ dbh) if $ dbh is pointing to an object of connection to the database. The IBERWEB LDA reserves the right to disable a script that is not in these conditions or to suspend the Hosting Services to Customer.

3.9. It is not allowed on the servers of IBERWEB LDA hosting websites for the distribution of free software, free hosting pages, systems, free email, blogs (weblogs) free or others who may disrupt the smooth functioning of the servers.

3.10. All the violations indicated in the above clauses will result in immediate deactivation of the Hosting Services without notice or refund. You can also charge the customer for compensation for damages.

3.11. IBERWEB as the only responsible for the management/maintenance of servers for the shared hosting, reserves the right at any time carry out any maintenance and/or alteration to the server, either the hardware or the software level (where it includes the operating system and all applications installed by IBERWEB), always with the goal of stability, performance and server security, and all information contained therein. Also reserves the right at any time to proceed to the temporary suspension of a hosting account that is causing instability on the server and/or consume excessive resources on it.

3.12. All violations indicated in the provisions above may result in immediate suspension or deactivation of the Hosting Service without notice or refund. It can also be required of the Customer compensation for damages.


4. Use of Space and Unlimited Bandwidth

4. Use of Space and Unlimited Bandwidth

4.1. Shared Web Hosting Definition

The Hosting plans are what is defined as "shared hosting websites." A shared hosting aims to share resources of a large server across multiple websites, lowering costs for customers.

Therefore, where applicable, "unlimited" means there are no restrictions on the amount of space consumed by visitors access/users to your website as well as data transfer. As a result there will be no additional charge accordingly. For questions about the contract application or the notice of promotional character, prevail the provisions of the contract.

For this reason, have space and unlimited bandwidth does not mean that the client can use your hosting in order to affect the operation of the server, for illicit purposes or that will tackle any other way the legislation.

If this happens, the necessary steps will be taken.


4.2. What is not allowed in UNLIMITED

Some examples of what is not allowed when a service, promotional or not character, is UNLIMITED disk space:

a) The storage of movies, TV shows, music, applications, or any kind of copyrighted material, characterized as "piracy", stored in any format or file extension.

b) The use of hosting as a virtual disk, or as space for storage or backup files that are not your website elements. For this purpose, other products can be used as various VPS options available on the dedicated IBERWEB. The purpose of a Website Hosting is only have websites.

c) The use of hosting as "mirror" of other websites or to serve as uploads server in style websites as "RapidShare" and "MegaUpload", or use as a distributor mass of large multimedia.

d) The availability of your login and password for the Control Panel, SSH, FTP to the public - for example on message boards, mailing lists, chat channels, other websites - in order to share files with the public .

e) For MySQL databases and PostgreSQL accesses considered legitimate are those made from your website, hosted in IBERWEB. external access, direct to the database, are not allowed.

f) The backup function is disabled for hosting accounts that consume more than 20 GB of disk space to prevent misuse of the tool and consequently disorder on the server due to excessive CPU usage.

But do not panic. If you are hosting your website and it is compatible with the points set out in a "shared website hosting," will not have to worry about transfer limitations preventing their growth, also knowing that others hosted on the same server not affect the same reasons.

All contractual provisions currently in force and which do not relate to space and bandwidth limits are fully maintained. For questions about the contract application or the notice of promotional character, prevail the provisions of the contract.


5. Codes

5. Codes

5.1. The Customer IBERWEB assigns a personal identification code (username) and password (password) for access to the services provided under this contract.

5.2. For the purposes of the preceding paragraph, it is up to you to define the terms and conditions of user access to the services provided under this contract, which must ensure compliance by those of this contract, being responsible to and IBERWEB any third party for the acts committed by them within that framework.

5.3. Identification codes and passwords are personal and not transferable and is for information and exclusive use of the Customer, the Customer shall ensure that at all times and protect the confidentiality of data, including not disclosing to third parties and not operating under conditions allow their decoding and copying.

5.4. The IBERWEB will not be liable for any loss or damage caused by improper use of identification codes and passwords.

5.5. The Customer undertakes to identify when access to services with the particulars of which have been assigned by IBERWEB, pledging not to use, in any case, the identifiers assigned to other customers.


6. Obligations of the Customer

6. Obligations of the Customer

6.1. In addition to the provisions of paragraph 3, you agree not to use the Hosting Services for purposes contrary to the law, namely not to use this service to disseminate information that may undermine the moral integrity or any other rights or interests of others or even to convey information which could be qualified as a practice and / or incitement to commit criminal acts, contrary to law or public order, and any information whose disclosure could or should for any reason be illegal.

6.2. Where information is to be accommodated may be regarded as containing an advertisement, the Customer undertakes to comply with the standards listed in the Advertising Code and other applicable regulations.

6.3. The customer is responsible for making and maintaining backups of their content and information stored in the IBERWEB servers. The IBERWEB shall not be liable for loss or change of content and/or information stored in the customer's hosting account.


7. Responsibility

7. Responsibility

7.1. By making the first payment, the Customer expressly acknowledges and agrees that:

a) The services to be provided by IBERWEB under this contract are limited exclusively to provide the Customer with a physical support for hosting information, IBERWEB unaware of the content of information stored, which is the sole responsibility of Customer.

b) The IBERWEB is not to be liable for (i) damage caused by the fault of the Customer or any third party, (ii) resulting from the fulfillment of judicial decisions or administrative authorities or (iii) resulting from the verification of cases of force majeure , that is extraordinary situations or unpredictable in nature, outside the IBERWEB and that it cannot be controlled, such as fires, power outages, wars, riots, earthquakes, floods or other natural disasters, strikes or any other situations not controllable by IBERWEB.

c) IBERWEB does not guarantee that the Hosting Services will be uninterrupted and cannot be held liable for any use, or inability to use the Hosting Services, including but not limited to, service interruptions, problems sending and receiving electronic messages (emails), Internet connectivity problems, unauthorized access to servers IBERWEB, problems with caching DNS servers and congestion problems associated with transfer of information on the Internet.

d) Should you subscribe to the registration of a Domain Name that IBERWEB just merely submit this registration with the competent authorities and is not in any way responsible for examining the feasibility of applications as well as the granting or denial of the requested domain names.

7.2. IBERWEB OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, FAILURE, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, FISHY BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CUSTOMER FOR THE CURRENT MONTH IBERWEB.


8. Suspension of Service

8. Suspension of Service

7.1. By making the first payment, the Customer expressly acknowledges and agrees that:

a) The services to be provided by IBERWEB under this contract are limited exclusively to provide the Customer with a physical support for hosting information, IBERWEB unaware of the content of information stored, which is the sole responsibility of Customer.

b) The IBERWEB is not to be liable for (i) damage caused by the fault of the Customer or any third party, (ii) resulting from the fulfillment of judicial decisions or administrative authorities or (iii) resulting from the verification of cases of force majeure , that is extraordinary situations or unpredictable in nature, outside the IBERWEB and that it cannot be controlled, such as fires, power outages, wars, riots, earthquakes, floods or other natural disasters, strikes or any other situations not controllable by IBERWEB.

c) IBERWEB does not guarantee that the Hosting Services will be uninterrupted and cannot be held liable for any use, or inability to use the Hosting Services, including but not limited to, service interruptions, problems sending and receiving electronic messages (emails), Internet connectivity problems, unauthorized access to servers IBERWEB, problems with caching DNS servers and congestion problems associated with transfer of information on the Internet.

d) Should you subscribe to the registration of a Domain Name that IBERWEB just merely submit this registration with the competent authorities and is not in any way responsible for examining the feasibility of applications as well as the granting or denial of the requested domain names.

7.2. IBERWEB OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, FAILURE, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, FISHY BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CUSTOMER FOR THE CURRENT MONTH IBERWEB.


9. Prices

9. Prices

9.1. The price payable by the Customer Service IBERWEB the provision of hosting and ancillary services subscribed to are those resulting from the price list in force.

9.2. The IBERWEB reserves the right at any time to amend the price list referred to above.


10. Payments, Billing and Collection

10. Payments, Billing and Collection

10.1. All payments must be made to IBERWEB in advance for the period of Hosting Services to which they relate. The invoices / receipts follows by mail after the payment. The IBERWEB does not issue invoices in advance.

10.2. The Hosting Services will be held in accordance with Clause 8, if not the payment of the Service by you, in advance. By making the first payment the customer is shown under these conditions. 5 (five) days after the suspension of the Hosting Services, and if not, however, the payment, the account will be completely deleted from hosting servers IBERWEB.

10.3. Under the provision of hosting services, the IBERWEB not be liable for any loss of data / information that may result from the suspension or cancellation of Hosting Services for nonpayment.

10.4. In the event of late payment of any amounts owed by Customer to IBERWEB under this contract and without prejudice to Clause 12 IBERWEB the charge on those amounts and the duration of the arrears, interest at the commercial rate applicable, and may concurrently suspend the provision of service under clauses 8 and 10th.


11. Resolution

11. Resolution

11.1. The resolution operates automatically on the date of receipt of written notice to that effect sent by one party to another, citing the reasons for the extinction of matter and any rights or obligations assumed by the parties prior to the date of the resolution, unless the right of IBERWEB. Receiving any money owed by to client to IBERWEB before.


12. Hiring Online

12. Hiring Online

12.1. The Customer may terminate this contract within 30 (thirty) days after the commencement of the provision of Hosting Services. The resolution does not give IBERWEB the right to compensation, the same being required to return to the Customer within 14 (fourteen) days the amounts paid by it under this contract.

12.2. To exercise your right of withdrawal in accordance with the preceding paragraph, the Customer must communicate IBERWEB its decision by a clear statement, in particular by letter shall do by mail, fax or email, and can also choose to complete and submit electronically the free form model resolution or any other statement through our website. If you use this possibility to IBERWEB will send you an email acknowledging receipt.

12.3. The IBERWEB reserves the right to refuse to open or close accounts hosting without having to justify the reason leading to this decision.


13. Term

13. Term

13.1. This contract shall be active at the time of payment by the Customer on the first month and lasts for the period of 1 (one) year, renewing automatically for equal and successive periods, unless terminated by either party under following paragraph.

13.2. Each party may, at any time, terminate this contract upon notification, and to this effect sent to the other in advance of 30 (thirty) days from the expiry of the initial term or one of its renovations.

13.3. Termination of contract under the preceding paragraph shall take effect only on the last day of the month to which it relates and no matter the right to any compensation or any other compensation.


14. Changes

14. Changes

14.1. Without prejudice to 9.2. and 15.2., any and all amendments to this contract must be agreed in writing.

14.2. The IBERWEB reserves the right to change the technical conditions of provision of hosting services, without the authorization of the Customer, provided that such changes do not involve additional costs for the same.


15. Communications

15. Communications

14.1. Without prejudice to 9.2. and 15.2., any and all amendments to this contract must be agreed in writing.

14.2. The IBERWEB reserves the right to change the technical conditions of provision of hosting services, without the authorization of the Customer, provided that such changes do not involve additional costs for the same.


16. Law and Jurisdiction

16. Law and Jurisdiction

16.1. If any measure of this agreement is held illegal, invalid or not enforceable by a court of law, legality, validity and enforceability of the remaining provisions of this Agreement shall remain non-affected thereby, unless otherwise stated.

16.2. This contract reflects the agreement of both parties and enforces the laws in force in the Republic. For the resolution of any dispute between the parties will only be the competent court of the district of Braga, and renounced any other, supporting the losing party all expenses arising from such litigation, including attorneys fees that the forensic other party may, perhaps , to appeal to assert their rights.